Cian O'Callaghan (Dublin Bay North, Social Democrats) | Oireachtas source

This is not any way to handle legislation. What has happened here is that the Government has rolled what is effectively seven different Bills into one. Only one of these, the original part on substitute consent, has received any scrutiny. It alone requires significant discussion and scrutiny on this Stage. Parts of what the Government has brought forward at the last minute are non-controversial, such as on valuations. The part on short-term lets is welcome but very much needs scrutiny and there is no question about this. We have to ask why the Government is so keen to avoid scrutiny of these measures.

It is an abuse and misuse of language to describe some of these amendments as "technical" and "streamlining". Issues regarding judicial review go far beyond streamlining and technical amendments. For the record, this is how the amendments were presented in the Second Stage contribution of the Minister last week. It is how they were presented during the briefing we received on Monday. They were passed off as streamlining technical measures. The profoundness of some of these amendments was not given consideration.

Amendment No. 25 has been withdrawn and this is an admission by the Government that it got that completely wrong. Effectively it was a get out of jail free card for An Bord Pleanála if it made mistakes or broke the law when making planning decisions. This is an incredible thing to try to do at time when we need more accountability and safeguards in respect of An Bord Pleanála. This is particularly with regard to the concentration of power in the hands of a small number of individuals who decide on a vlarge number of controversial and significant planning applications.

It is important to get planning legislation right. The substitute consent measures are trying to fix problems with regard to the Derrybrien wind farm. The State has paid out or owes €19.5 million in fines for making mistakes and getting legislation wrong. This is not to mention all the consultancy costs, legal costs, time and resources on top of the €19.5 million and the remediation costs that will be faced for the damage done.

If we want to get this legislation right and our planning legislation right, we need to get out of the Government's mindset, which is one of trying to blame the Judiciary for the job it is doing. Our job is to get legislation right and make sure it is clear and effective. If we do that, there will be fewer delays in the courts and there will be fewer delays in the provision of housing and infrastructure. The mindset on this is completely wrong.

The calls from the Environmental Pillar representing 32 environmental NGOs, including the Irish Planning Institute, on this need to be respected. The strong calls for the withdrawal of amendments Nos. 12, 13, 26, 40, 41, 42 and 77 should be listened to by the Government. They should be withdrawn and brought back. The Government should let them go through scrutiny. If the Minister of State is so convinced by these different measures, why not have them scrutinised? Why not hear from experts and get these issues thrashed out? There seems to be a lack of confidence in the amendments the Government is rushing through, which are anything but technical and streamlining, and it does not want them to be scrutinised. That is extremely serious.

There has been no public discussion or comment on the design envelope measures being extended to large-scale residential developments. That is a significant move, which needs to be debated and scrutinised.

See this speech in context